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[Page 17]
January 1808
I must also observe, that the Judge Advocate had issued no such Warrant as that alluded to in the affidavit, and that the assertion is not founded in truth but appears to have been invented in order to give a plausible pretence to his declining to give any Bail; for he knew while the Trial pended he could not be admitted to Bail but by the Will of the Prosecutor, which Prosecutor was Mr Atkins whom he had so exposed a few hours before.
31st. It is worthy of observation that McArthur used every endeavor [endeavour] to win over Mr George Crossley to assist him in his Defences even by waylaying him in his journey to Sydney, where he came by the solicitation of the judge Advocate Mr Atkins, to assist him in drawing up the Indictment against McArthur on the fact of the Crown; but when McArthur found he could have no influence over Crossley; he endeavoured to injure him, first by his Affidavit attributing to him such situations as he did not hold; and secondly, by his influence over the Military Officers, procuring an illegal Sentence of Transportation to the Coal Mines, for seven years, against him, for giving this assistance to Government.
32d. On my demanding a second time the Public Papers of the Prosecution to be delivered up to His Majesty's Judge Advocate, the Six Members answered that they could not deliver up the original, but I should have copies
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